JUDGMENT D.M. Dharmadhikari, J. 1. The order in this case shall decide the connected petition for transfer of the case registered as MCC No. 345/93. 2. The husband instituted two cases in the Civil Court at Rajnandgaon. First a petition for divorce under Section 13 of the Hindu Marriage Act, 1955 was filed. The second proceedings are instituted under the Hindu Minority and Guardianship Act for getting custody of the children. The second proceedings are subject matter of transfer petition in connected MCC No. 345/92. 3. The applicant-wife has approached this Court under Section 24 of the C.P.C. for transfer of both the abovementioned proceedings instituted against her and her children at Rajnandgaon. The learned Counsel appearing for the wife in this petition submits that the wife is getting meagre maintenance at the rate of Rs. 400/- per month for herself and Rs. 500/- per month for her two children. She has no other source of maintenance. She has also alleged that on one occasion when she had gone to Rajnandgaon to attend the case, she was threatened by the husband and there was an incident of physical assault. A police report was made although no criminal case thereafter came to be instituted. 4. The husband in his reply has denied happening of any incident of assault on the wife at Rajnandgaon. Instead he stated that he has himself been assaulted by the brother of the wife when he had gone to attend the case against him under Section 498A of the Indian Penal Code instituted at Indore. 5. Keeping in view the circumstance that Rajnandgaon is far away from Indore, where the wife resides, and the journey expenses on each trip would be considerable, I deem it to be a fit case for transfer of the proceedings to a suitable place convenient to both the parties and where there would be no apprehension of breach of peace. 6. Convenient place for the parties was discussed before me by the Counsel appearing. The learned Counsel for the husband, to begin with, has strongly opposed the transfer petition. In spite of his opposition, it could not be seriously disputed that the journey expenses between Indore and Rajnandgaon, even if the wife is required to attend on 3 or 4 hearing would be quite costly. 7.
The learned Counsel for the husband, to begin with, has strongly opposed the transfer petition. In spite of his opposition, it could not be seriously disputed that the journey expenses between Indore and Rajnandgaon, even if the wife is required to attend on 3 or 4 hearing would be quite costly. 7. I, therefore, direct that the two matrimonial proceedings between the parties, pending in the Court at Rajnandgaon, be transferred to District Judge, Jabalpur for hearing and disposal by him or by any other Additional Judge working with him as per the existing distribution memo. 8. The application is, therefore, allowed with the above directions. There shall be no order as to costs.